Update: The Secretary of State has requested a formal opinion from the Texas Attorney General as per the settlement (see copy of request here). Since Texas Senate Bill 140 took effect on September 1, 2025, businesses engaged in SMS marketing have grappled with significant uncertainty over the law’s scope. As we detailed in our initial analysis of the …
On September 26, 2025, the Texas Attorney General’s office filed its opposition to the preliminary injunction motion in the federal constitutional challenge to Texas SB 140. While the State’s position may provide some comfort to SMS marketers operating consent-based programs, businesses should understand both what the filing says—and what risks remain despite it. December 2025 …
Read more Texas Defends SB 140: What the State’s Opposition Brief Means for SMS Marketers
On September 1, 2025, a coalition of e-commerce businesses and industry advocates filed a federal lawsuit in the Western District of Texas challenging the constitutionality of Texas Senate Bill 140 (SB 140). The plaintiffs, Ecommerce Innovation Alliance, Flux Footwear, and Postscript, argue that the new law’s expansive regulations on text message marketing violate fundamental constitutional …
Read more Federal Constitutional Challenge Filed Against Texas SB 140 SMS Marketing Regulations
In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …
Read more
Get the latest news and insights from RICHT by inputting your name and email.
Subscribe To RICHT Insights
In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …
Read more
Get the latest news and insights from RICHT by inputting your name and email.
Subscribe To RICHT Insights